The Labor Code requires the effective enforcement in nature of the right to annual leave on the assumption that the essence of this type of leave is that the employee has time to recover.
Every employee is entitled to paid vacation, a right guaranteed by the Labor Code. When the employee has is in parental leave, he does not have the right to annual leave because, during this type of leave, the labor contract shall be considered suspended.
The sick leave does not reduce the number of days of annual leave to which the employee is entitled, pursuant to Directive 2003/88 of the European Court of Justice. In this case, the article 145, paragraph 2 of the Labor Code is inconsistent with the provisions of Directive no. 2003/88/EC. In such case the provisions of the Directive are applied, based on Article 148, paragraph 2 of the Romania Constitution.
The minimum duration of the annual leave is 20 days, according to the Labor Code. The employees who work in difficult conditions, hazardous or harmful, blind and other persons with disabilities and young people aged up to 18 years receive an additional annual leave of at least 3 days.
The annual leave must be made each year. As an exception, the leave is permitted the following year only in the cases stipulated by law or in the cases provided in the applicable collective labor contract.
The employer has the obligation to plan the annual leaves so that all employees can benefit from this right. There are also exceptions to the rule: if an employee has not been effectively integrated into the annual leave due during a calendar year, the holiday is reported and can be made by the end of next year.
The employer is obliged to organize the work so that each employee benefits, in nature, for all the days for the annual leave by the end of the following year for which he/she is entitled.
The compensation in money for the not taken annual leave is allowed only in case of termination of the individual labor contract.
The part-time employees will receive full annual leave, just as full-time employees.
Legal Note (Article 150 of the Labor Code)
During the annual leave, the employee has a leave allowance that may not be less than the
The annual leave allowance is the average of daily income, ie the base salary, the bonuses and the permanent allowances from the three months preceding the month in which the leave is taken, multiplied by the number of days of the leave.
The annual leave allowance is paid by the employer at least 5 days before the holiday begins.
The interruption of annual leave can be made in several situations:
When recalling the employee from the annual leave, the employer must bear the cost of the employee and his family needed to return to work and any harm suffered by the employee as a result of the interruption of the leave.
Given that, during the annual leave, the employee gets sick and has sick leave, the rest of the holyday is suspended and will be resumed when the sick leave ends.
The ITM inspectors may request the payroll and the documents on which it was performed, which include the requests for annual leave, regardless of the form in which they were made – on paper or electronically.
Also, the ITM inspectors may require the annual leave schedule. According to the Labor Code, Article 148, the annual leave appointments is made based on a collective or individual schedule determined by the employer in consultation with the union or, if applicable, employee representatives for collective appointments or consultation with the employee for individual appointments. The schedule is made by the end of the year for the next calendar year.
You have doubts about the labor legislation? Get advice, contact us!
You may also be interested in: